102

Others argue that it may be having little to no effect in practice.

Conclusion
Others argue that it may be having little to no effect in practice. Medical Justice and Bail for Immigration Detainees submit that, in the context of applications before the High Court for release of detainees, “the Home Secretary often does not rely on section 12 and that when she does raise it her representatives often appear reluctant to place much weight on it.”137 Nevertheless, in their joint written submission, Medical Justice and Bail for Immigration Detainees argued that section 12 should be repealed because “even if the Home Office does not currently rely on it, it is causing significant uncertainty about the law.”138
Government Response

A response document is linked to this report, dated 12 September 2025. Response attribution to this conclusion has not been verified. Read the response document.

Addressee Bodies
Ministry of Justice
Timeline
Recommendation age 1.2 yr
Report published 20 Jun 2025